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nipas law.ppt

Jul 07, 2018

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    Republic Act No.7586

    “National IntegratedProtected AreasSystem Act of 1992”

    AN ACT PROVIDINGFOR THEESTAB ISH!ENTAND !ANAGE!ENTOF NATIONAINTEGRATED

    PROTECTED AREASS"STE!# DEFININGITS SCOPE ANDCOVERAGE# ANDFOR OTHER

    P$RPOSES

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    PurposeProtect and maintain the naturalbiological and physical diversities of theenvironment development as !ell asplant and animal life"secure for the #ilipino people of presentand future generations all native plantsand animals

    establishment of a comprehensivesystem of integrated protected areas!ithin the classi$cation of national par%

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    National Integrated ProtectedAreas System &NIPAS'(utstandingly remar%able areas andbiologically important public lands*abitats of rare and endangered speciesof plants and animals +iogeographic ,ones and relatedecosystems !hether terrestrial !etland

    or marine

    Proclaimed as Protected Areas

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    S-./I(N 0".ategoriesa" Strict nature reserveb" Natural par%

    c" Natural monumentd" ildlife sanctuarye" Protected landscapes and seascapes

    f" 3esource reserve

    g" Natural biotic areas andh" (ther categories established by la!conventions or international agreements !hich thePhilippine 4overnment is a signatory"

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    0" “+u:er ,ones” are identi$ed areasoutside the boundaries of andimmediately ad;acent to designatedprotected areas pursuant to Section <that need special development control inorder to avoid or minimi,e harm to the

    protected area

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    5" “Indigenous cultural community” refers to agroup of people sharing common bonds oflanguage customs traditions and other distinctivecultural traits and !ho have since timeimmemorial occupied possessed and utili,ed aterritory=" “Natural monuments” is a relatively small areafocused on protection of small features to protector preserve nationally signi$cant natural featureson account of their special interest or uni uecharacteristics

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    >" “National par%” refers to a forest reservation essentially ofnatural !ilderness character !hich has been !ithdra!n from

    settlement occupancy or any form of e8ploitation e8cept inconformity !ith approved management plan and set aside assuch e8clusively to conserve the area or preserve thescenery the natural and historic ob;ects !ild animals andplants therein and to provide en;oyment of these features insuch areas

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    ?" “Natural biotic area” is an area set aside to allo!the !ay of life of societies living in harmony !ith the

    environment to adapt to modern technology at theirpace

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    1 " “3esource reserve” is an e8tensive and relativelyisolated and uninhabited area normally !ith diBcultaccess designated as such to protect natural resourcesof the area for future use and prevent or containdevelopment activities that could a:ect the resourcepending the establishment of ob;ectives !hich arebased upon appropriate %no!ledge and planning

    11" “Strict nature reserve” is an area possessing someoutstanding ecosystem features and@or species of Coraand fauna of national scienti$c importance maintainedto protect nature and maintain processes in anundisturbed state in order to have ecologicallyrepresentative e8amples of the natural environmentavailable for scienti$c study environmental monitoringeducation and for the maintenance of geneticresources in a dynamic and evolutionary state

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    12" “/enured migrant communities” arecommunities !ithin protected areas !hichhave actually and continuously occupiedsuch areas for $ve &>' years before thedesignation of the same as protected areas inaccordance !ith this Act and are solelydependent therein for subsistence and10" “ ildlife sanctuary” comprises an area!hich assures the natural conditionsnecessary to protect nationally signi$cantspecies groups of species bioticcommunities or physical features of theenvironment !here these may re uirespeci$c human manipulations for theirperpetuation"

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    #unction by 6-N3 inImplementation of NIPASa" /o conduct studies on various characteristicfeatures and conditions of the di:erent protectedareas using commonalities in their characteristicsclassify and de$ne them into categories andprescribe permissible or prohibited human activitiesin each category in the Systemb" /o adopt and enforce a land use scheme and,oning plan in ad;oining areas for the preservationand control of activities that may threaten theecological balance in the protected areasc" /o cause the preparation of and e8ercise thepo!er to revie! all plans and proposals for themanagement of protected areas

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    d" /o promulgate rules and regulationsnecessary to carry out the provisions of this Acte" /o deputi,e $eld oBcers and delegateany of his po!ers under this Act and other la!sto e8pedite its implementation andenforcementf" /o $8 and prescribe reasonable NIPASfees to be collected from government agenciesor any person $rm or corporation derivingbene$ts from the protected areasg" /o e8act administrative fees and $nes as

    authori,ed in Section 21 for violation ofguidelines rules and regulations of this Act as!ould endanger the viability of protected areas

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    h" /o enter into contracts and@or agreements!ith private entities or public agencies as may be

    necessary to carry out the purposes of this Acti" /o accept in the name of the Philippine4overnment and in behalf of NIPAS funds gifts orbe uests of money for immediate disbursements orother property in the interest of the NIPAS its

    activities or its services ;" /o call on any agency or instrumentality ofthe 4overnment as !ell as academic institutionsnon7government organi,ations and the privatesector as may be necessary to accomplish theob;ectives and activities of the System%" /o submit an annual report to the Presidentof the Philippines and to .ongress on the status ofprotected areas in the country

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    l" /o establish a uniform mar%er of the System including anappropriate and distinctive symbol for each category in theSystem in consultation !ith appropriate government agenciesand public and private organi,ationsm" /o determine the speci$cation of the class type and styleof buildings and other structures to be constructed in protectedareas and the materials to be usedn" .ontrol the construction operation and maintenance ofroads trails !ater!or%s se!erage $re protection and sanitationsystems and other public utilities !ithin the protected areao" .ontrol occupancy of suitable portions of the protectedarea and resettle outside of said area forest occupants therein!ith the e8ception of the members of indigenous communitiesarea and

    p" /o perform such other functions as may be directed by thePresident of the Philippines and to do such acts as may benecessary or incidental to the accomplishment of the purposeand ob;ectives of the System"

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    3ole of /he Dembers of /he+oard

    decide the allocations for budgetapprove proposals for funding decide matters relating to planning peripheral protection andgeneral administration of the area inaccordance !ith the generalmanagement strategy

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    S-./I(N 10" AncestralEands and 3ights (ver /hem"

    Ancestral lands and customary rights and interestarising shall be accorded due recognition

    /he 6-N3 shall prescribe rules and regulations togovern ancestral lands !ithin protected areasProvided that the 6-N3 shall have so po!er toevict indigenous communities from their presentoccupancy nor resettle them to another area!ithout their consent Provided that it shall be sub;ected to notice andhearing to be participated in by members ofconcerned indigenous community

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    S-./I(N 2 " ProhibitedActsa" *unting destroying disturbing or merepossession of any plants or animals or products

    derived therefrom !ithout a permit from theDanagement +oardb" 6umping of any !aste products detrimentalto the protected area or to the plants and animalsor inhabitants thereinc" Fse of any motori,ed e uipment !ithout apermit from the Danagement +oardd" Dutilating defacing or destroying ob;ects ofnatural beauty or ob;ects

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    of interest to cultural communities &of scenic value'

    e" 6amaging and leaving roads and trails in adamaged conditionf" S uatting mineral locating or other!iseoccupying any landg" .onstructing or maintaining any %ind ofstructure fence or enclosures conducting anybusiness enterprise !ithout a permith" Eeaving in e8posed or unsanitary conditionsrefuse or debris or depositing in ground or in

    bodies of !ater andi" Altering removing destroying or defacingboundary mar%s or signs"

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    Penaltiesany of the o:enses in the precedingsection shall be $ned in the amount ofnot less than #ive thousand pesos&P> ' nor more than #ive hundredthousand pesos &P> ' e8clusive ofthe value of the thing damaged or

    imprisonment for not less than one &1'year but not more than si8 &=' years orboth as determined by the court